Can I refuse my inheritance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I refuse my inheritance?
I’m divorce. Foolishly agree in my divorce decree, to give half of my
inheritance to my Ex and two children. She is a Corporate lawyer and
does need the money. I’m 62 force to take Social Security and living
below the poverty level. Can I also have a sibling in the Will. Can I
refuse or have the executor take me out the Will, without her suing
the estate?
Asked on December 2, 2016 under Estate Planning, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you agreed in the decree to give her half the inheritance, refusing your inheritance ("disclaiming" it) would be to act intentionally to violate and frustrate the decree and you could face contempt of court or be sued by your ex. It's one thing if the estate is all spent or used up and so nothing comes to you--that's not your fault, and you are not accountable for it. But *you* cannot take steps or actions to frustrate or effectively refute what you were ordered by the court or voluntarily agreed to do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.